BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 49 of 2013

            Sri Faizul Haque Barbhuiya, ……………………………………….         Complainant.

                                                                        -V/S-

1.         The Canara Bank, Govindapur Branch

            (Represented by the Manager of the Bank)

            Vill & P.O- Govindapur West,

            P.S- Katigorah, Cachar.                                                                               O.P No.1.

2.         The G.M. Canara Bank,

            Head Office Bangalore,

            112 J.C. Road, Bangalore-560001                                                               O.P No.2.

3.         The Circle Officer, Canara Bank, Ulubari

            Guwahati.                                                                                                      O.P No.3.

Present: -                                Sri Bishnu Debnath,                                                 President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

Mrs. Chandana Purkayastha,                      Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                           Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared :-                Sri Bikash Ranjan Paul, Advocate for the complainant.

Sri Sibdas Dutta, Advocate for the O.Ps.

                         Date of Evidence………………………..    02-02-2015, 24-09-2015

                         Date of written argument………………    13-07-2017

                         Date of judgment……………………….     30-10-2017

                                            JUDGMENT AND ORDER

                              Sri Bishnu Debnath,

1. Faizul Haque Barbhuiya (Complainant) brought the complaint under the provision of Consumer Protection Act, 1986 against the Canara Bank, Govindapur Branch and its 2(two) more Officers for award of compensation and for order to release balance amount of sanctioned loan to run his business.

2. Brief facts:-

The complainant took loan from the O.P-Bank. The sanctioned amount of loan was Rs.2,85,000/-. The loan was sanctioned under the Scheme PMEGP for running stool Furniture business. He got total Rs.1,40,000/- in (three) installment on 23-03-2010, 29-04-2011 and 02-05-2011. The O.P Branch did not release balance amount for the reasons best known to them. Hence, the complainant is suffering a lot to run his aforesaid business.

3. The O.Ps in their W/S admitted the fact of sanctioned loan of RS.2,85,000/- under PMEGP Scheme, but took a plea that after disbursement of first installment of loan, on enquiry it was revealed that the complainant failed to make proper use of the said loan amount. Therefore, on promise of the complainant to establish his business unit as per the schemes disbursed the loan amount. But the claimant failed and neglected to repay the loan as per terms and conditions. As a result, the loan account of the complainant has slipped into NPA category.

4. During hearing the complaint deposed and exhibited relevant documents regarding loan including Passbook of loan amount. The O.P also examined Sri Sinam Bijit Singh, the Manager of Canara Bank, Govindapur Branch and exhibited statement of loan account t and other relevant documents.                                                                               

5. Perused the evidence on record and written argument of the O.P. The complainant has neither submitted written argument nor argued the case.

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6. In this case, the complaint deposed that out of sanctioned amount he received Rs.1,40,000/- only but contesting O.P by exhibited statement of loan account tried to convince this District Forum that the total amount of Rs.2,85,000/- has been disbursed vide Ext-A. In the Ext-2 Passbook of loan amount it has been reflected that first instalment of Rs.66,500/ was disbursed on 23-03-2010 ad 2^nd and final instalment of Rs.2,18,500/- disbursed on 31-12-2010. Both the exhibited documents also revealed that the complainant repaid instalment of loan of Rs.6,000/- on 30-05-2011, Rs.3,000/- on 29-06-2011 and Rs.3,000/- on 28-07-2011. No more repayment entry are available in the Passbook as well as in the statement of account.

7. Thus, from the above evidence, it is revealed that the complainant received the sanctioned loan. However, the plea of the complainant is that the Manager of Canara Bank, Govindapur Branch kept the Passbook in the custody of that Manager for long period and handed over to him on the month of August, 2011. If that is the fact then, why the complainant knowing the fact from the Passbook regarding disbursement of entire loan amount remain idle without bringing case within 2 (two) years from the date of recovery the Passbook.

8. Therefore, evidence available in the record are not sufficient to able to establish the fact that the complainant did not recover balance amount of loan from O.Ps. As such this District Forum is not convinced to grant any relief the complainant.

9. With the above, this case is dismissed on contest without any cost. Supply free certified copy of judgment to the parties. Given under hand and seal of this District Forum on this the 30^th day of October, 2017.